The Role of Adultery in Alimony Determinations During Divorce Proceedings
When a married couple decides to get a divorce, one of the most contentious issues is often the determination of alimony. Alimony is a court order that requires one spouse to make regular payments to the other spouse after the divorce has been finalized. The purpose of alimony is to provide financial support to the spouse who has a lower income or no income at all.
One factor that can significantly impact alimony determinations is adultery. Adultery refers to a marital infidelity where one or both spouses engage in sexual relations with a third party outside the marriage. It is important to note that adultery is not considered a criminal offense in most states but is still viewed as a serious breach of trust and commitment in a marriage.
The Impact of Adultery on Alimony Determinations
In states that consider adultery as a factor in alimony determinations, the spouse who commits adultery is typically at a disadvantage. Adultery can impact alimony in several ways.
Firstly, the spouse who commits adultery may be required to pay more alimony or may receive less alimony than they would have if they had not committed adultery. This is because adultery is often seen as a violation of the marital contract, and the offending spouse may be viewed as having breached their duty to provide emotional and financial support to their spouse.
Secondly, depending on the state, the spouse who commits adultery may lose their right to alimony altogether. This is because adultery is viewed as a form of economic misconduct, and the offending spouse may be deemed unworthy of receiving financial support.
Thirdly, in some states, the spouse who committed adultery may not be able to contest the amount of alimony requested by their spouse. This is because the court may view the adultery as a factor that reduces the financial needs of the spouse who committed adultery.
There are some instances, however, where adultery does not significantly impact alimony determinations. For example, in some states, adultery may not be considered if it did not cause the breakup of the marriage. In such cases, the court may consider other factors, such as the earning capacity of each spouse, their age, their health, and the length of the marriage when making alimony determinations.
The Importance of Proving Adultery
Proving adultery can be challenging as it is often a private and discreet act. However, if you are the offended spouse and want to use adultery as a factor in your alimony determination, you must be able to provide concrete evidence of the marital infidelity.
Evidence of adultery can include photographs, emails, text messages, hotel receipts, and witness statements. However, it is important to note that evidence obtained illegally, such as hacking into someone's email account, is not admissible in court.
Before submitting evidence of adultery, it is crucial to consult with an experienced divorce attorney who can advise you on the admissibility of the evidence and how to present it effectively in court.
The Role of Adultery in No-Fault Divorce States
No-fault divorce states are those that do not require a spouse to prove misconduct in order to obtain a divorce. In these states, the grounds for divorce are irreconcilable differences, and neither spouse is required to prove fault.
In no-fault divorce states, adultery is generally not a factor in alimony determinations. However, the court may still consider other factors such as the standard of living during the marriage, the income and earning potential of each spouse, and the expenses each spouse is likely to incur after the divorce.
The Emotional Toll of Adultery in a Divorce
The emotional toll of adultery in a divorce cannot be overstated. Marital infidelity often leaves the offended spouse feeling hurt, betrayed, and angry. It can also have a significant impact on their emotional well-being and their ability to move on with their life after the divorce.
It is important for both spouses to seek counseling or therapy to help them address the emotional impact of adultery in a divorce. The offended spouse may also be entitled to seek compensation for the emotional distress caused by the adultery.
Conclusion
Adultery is a complex issue that can significantly impact alimony determinations during divorce proceedings. If you are considering a divorce and believe that adultery may be a factor, it is crucial to consult with an experienced divorce attorney who can advise you on your legal options and the best course of action.
It is also important to address the emotional toll of adultery in a divorce and seek the help and support necessary to move on from the difficult and painful experience.